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TOWN OF BARNSTABLE, MASS. v. F.A.A.

Nos. 10-1276, 10-1307.

659 F.3d 28 (2011)

TOWN OF BARNSTABLE, MASSACHUSETTS, Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent Cape Wind Associates, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 2011.

Attorney(s) appearing for the Case

W. Eric Pilsk argued the cause for Barnstable, petitioner in No. 10-1276, and for the Alliance to Protect Nantucket Sound, petitioner in No. 10-1307. With him on the briefs were Catherine M. van Heuven and Charles C. Lemley.

Daniel J. Lenerz , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, Michael Jay Singer , Attorney, Richard H. Saltsman , Assistant Chief Counsel for Litigation, Federal Aviation Administration, and Vicki Leemon , Manager.

Geraldine E. Edens , Frederick R. Anderson , and Daniel G. Jarcho , were on the brief for intervenor Cape Wind Associates, LLC.

Before: TATEL and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Cape Wind Associates has proposed building 130 wind turbines, each 440 feet tall, in a 25-square mile area of Nantucket Sound—an area roughly the size of Manhattan island. If constructed, the project would be the nation's first offshore wind farm. See Impact Study of 130 Offshore Wind Turbines in Nantucket Sound at 1 fig. 1, Joint Appendix ("J.A.") 59, shown...

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